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Compagnie De Saint GobaIn Vs. Fertilizer Corporation of India Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 28, 33 and 47; Foreign Awards (Recognition and Enforcement) Act, 1961 - Schedule - Articles 1 and 5; Indian Arbitration (Amendment) Act, 1941

Reported in : ILR1970Delhi927

India. It wasaccordingly en Indian award to which the provisions of the Indian Arbitration Act, 1940 apply.(15) Section 47 of the Arbitration Act, 1940 reads asfollows: 'SUBJECTto the provisions of section 46 andsave in so far as … for the suspension of the award till it was filedand made a rule of the Court under the Arbitration Act,1940. According to the petitioner's allegations, thepresent award becomes enforceable under the French law, in accordance with Article V(l)(e)

Abdul Rahman Sahib Vs. Muhammad Siddig and anr.

Court : Chennai

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 3

Reported in : AIR1953Mad781; (1953)IMLJ795

adopt the provisions of the second schedule or not as they please."This reasoning would be inapplicable to the Arbitration Act, 1940, because its scope is statedly "to consolidate and amend the law relating to Arbitration in British India". Section … valid qua award could be treated as a compromise only under Section 47, Arbitration Act, which is in these term;;"Subject to the provisions of Section … defendants filed I. A. No. 364 of 1946 for recording the award as a compromise under Order 23 Rule 3, Civil P. C.All these applications were heard together by the learned District Munsif. He held that as

Malpati Sevasangh Vs. Gujarat State Khadi and Village Industries Board

Court : Gujarat

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 3

Reported in : 2004(2)ARBLR521(Gujarat); (2004)2GLR1728; [2004]53SCL288(Guj)

23 Rule 3 of the Code of Civil Procedure read with Section 47 of the Arbitration Act, 1940, Mr. Dayani submitted that the trial court … dispute to the Arbitrators is dated 11-2-1994, but in view of the provisions of Chapter IV of the Arbitration Act, 1940, in a pending suit, the reference can be made only in accordance with the provisions of the said … such award if one of the parties is not willing to accept the same as a compromise under Rule 23 Rule 3 of the Code of Civil Procedure, is the question which is required to be decided

Jugaldas Damodar Modi and Co. Vs. Pursottam Umedbhai and Co.

Court : Kolkata

Subject : Arbitration

Acts : Contract Act, 1872 - Section 28; ;Arbitration Act, 1940 - Sections 17, 20, 21, 30, 33, 34 and 47; ;Specific Relief Act, 1877 - Section 21

Reported in : AIR1953Cal690

lawfully be referred to arbitration; --'Doleman v. Ossett Corporation', (1912) 3KB 257 at pp. 267-269 (A). Section 21, Arbitration Act, 1940, pre-supposes that such contract is legal and that its subject-matter is lawful.9. Formerly there was conflict of opinion … the contract is not an adjustment or compromise of the suit and cannot be enforced under Order 23, Rule 3, C. P. C., 1908. 'Tincowry Dey v. Fakir Chand Dey', 30 Cal 218 (I), -- 'Vyankatesh v. … a claim against Jugaldas Damodar Modi & Co. A Cross Suit No. 479 of 1951 was instituted by Jugaldas Damodar Modi & Co. against Purshottom

Modi Narandas Chhaganlal Vs. Shah Jamnadas Maneklal and anr.

Court : Gujarat

Subject : ArbitrationCivil

Acts : Code of Civil Procedure (CPC), 1908 - Order 23, Rule 3; Indian Arbitration Act, 1940 - Sections 47

Reported in : AIR1969Guj76; (1969)GLR210

made is not a sufficient compliance with the provisions of the proviso to Section 47 of the Indian Arbitration Act, 1940 (hereinafter referred to as 'the Act') and that there should be an acceptance of the award by the … decree passed in terms thereof. This contention was based by the defendants on the provisions of Order 23, Rule 3 of the Civil Procedure Code.2. The plaintiff objected to the Court accepting the award as a compromise

The Project Director National Highways No. 45 E And 220 National Highw ...

Court : Supreme Court of India

Subject : Land Acquisition

to eliminate any ground of challenge under Section 34. He argued that this was in contrast to the Arbitration Act, 1940 which contained a specific provision to remit an award under Section 15, and further argued that the Arbitration … Court which is that the non-grant of solatium and interest to lands 47 acquired under the National Highways Act, which is available if lands are … on children, as commonly understood i.e. persons who are physically under the age of 18 years. The golden rule in determining whether the judiciary has crossed the Lakshman Rekha in the guise of interpreting a statute is

Lakshmi NaraIn Vs. Ram Babu and anr.

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 21 and 47; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 3 - Order 32, Rule 7

Reported in : AIR1953All9

been contended that no second appeal lies, in view of the provisions of Sub-section (2) of Section 39, Arbitration Act, 1940. According to the contention of the respondents' counsel, the trial court had modified and set aside a portion … is not mandatory and the parties may or may not apply. Section 47 of the Act contemplates arbitrations other than those made in accordance with … reference made to them by him and others, be directed to be filed in, and be made a rule of the Court. The facts and circumstances which have given rise to this appeal are these:2. Ram Babu,

Sanjeev SarIn and anr. Vs. Rita Wadhwa and ors.

Court : Delhi

Subject : Arbitration

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 47, Rule 1; Arbitration and Conciliation Act, 1996 - Sections 8, 8(2), 11, 11(6), 11(12), 15(1), 16 and 19; Arbitration Act, 1940 - Sections 41; Land Acquisition Act

Reported in : 95(2002)DLT889; 2002(61)DRJ254

notice of the court on the given date. Secondly, earlier by Sub-section (a) of Section 41 of the Arbitration Act, 1940, CPC was made applicable to all proceedings before the court and to all appeals etc. But, this provision … S.K. Agarwal, J.1. By this application under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC'), petitioners-applicants are seeking

The Andhra Mennonite Self-supporting Church Society Vs. Sundramma and ...

Court : Andhra Pradesh

Subject : PropertyArbitration

Acts : Code of Civil Procedure (CPC), 1908 - Order 23, Rule 3 - Order 21, Rule 2; Arbitration Act, 1940 - Sections 47

Reported in : AIR1973AP19

23 Rule 3 and Order 21 Rule 2 of Code of Civil Procedure, 1908 and Section 47 of Arbitration Act, 1940 - suit for recovery of possession was passed in favour of plaintiff respondent and appeal filled by defendant

Ram Nagina Singh Vs. Thakur Ram Janki

Court : Allahabad

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 47; Code of Civil Procedure (CPC), 1908 - Sections 115 - Order 23, Rule 2

Reported in : AIR1976All21

circumstances of the case, I make no order as to costs. Arbitration - award - Section 47 of Arbitration Act, 1940 , Section 115 and Order 23 Rule 2 of Code of Civil Procedure, 1908 - award to be